Probably not. This is because the Melson Formula acts as a rebuttable presumption. The result of the Melson Formula will be entered as the child support order absent a compelling reason to the contrary. Rebuttal cases are necessarily outliers. They often involve unusual fact-patterns or involve litigants with unusual incomes.
The most common types of rebuttal cases are high income cases. The Melson Formula assumes that as a parent’s income rises, the more money will be spent on the child’s standard of living. At some point, an increase in child support does not advance a child’s standard of living but merely transfers wealth from one parent to another. In those cases, the Family Court will conduct an enhanced needs analysis to award child support to enable the child to share in the more affluent parent’s standard of living but not to effectuate a wealth transfer. These cases are rare. The Melson Formula has been modified to adjust for incomes over $200,000 annually. Thus, unless a parent’s income is unusually high, the Melson Formula will likely apply.
If you have a question about the Melson Formula and whether it would apply to your case, Attorney Patrick Boyer can help. Patrick has litigated high income child support cases and can explain whether the Melson Formula would likely apply to your case. If the Melson Formula may not apply, Patrick can explain how an enhanced needs analysis may work. Patrick can be reached at 302-654-4454.
